as the other officials that the law determines, for any crimes they commit in the performance of their functions.” 156. On May 2, 2000, the Full Chamber of the District Superior Court of La Paz ordered that preliminary proceedings be instituted in a “jurisdiction of privilege” against Germán Monroy Chazarreta and María Nina Lupe del Rosario Andrade Salmón, who had previously been mayors of La Paz, for alleged dereliction of duty, mismanagement of public resources and fraud. Furthermore, “[i]n exercise of the principle that higher courts can supplant lower courts”, the District Superior Court of La Paz ordered that a case be brought in “a jurisdiction of privilege” against the persons named as suspects in the initial order instituting preliminary proceedings, dated February 2, for the crimes mentioned therein.”166 157. Subsequently, the provisions contained in articles 265 to 276 of the 1972 Code of Criminal Procedure (“jurisdiction of privilege”) were declared unconstitutional by virtue of Constitutional Court Judgment No. 38, of June 20, 2000, which held that mayors were not entitled to a “jurisdiction of privilege” and should be prosecuted according to regular criminal procedure, as there was no provision in the 1994 Constitution for this method of prosecution; it therefore ruled that the case files should be returned to the Full Chamber of the Judicial District Superior Court of La Paz.167 158. On May 1, 2002, the Eighth Criminal Examining Judge of La Paz issued a final instruction decision against 19 persons, one of whom was Ms. Andrade. She was accused of the offenses criminalized in the Penal Code at articles 154 (dereliction of duty) and 224 (mismanagement of public resources), because, “as mayor of the city, she had ordered payments and had signed off on those payments without meeting beforehand with officials from the Office of the Director General of Pensions, much less checking to make sure that the payments made were received by the office to which the checks were made out; also, the Fifth Labor and Social Security Court was presiding over a case instituted against her to compel payment.”168 Ms. Andrade appealed the order, but as of May 20, 2003 the appeal had not been decided.169 159. By random selection, on October 25, 2002 the case went to the Fourth Criminal Trial Court (Liquidador). On November 11, 2002, the court took the preliminary statements of Ms. Andrade and 11 other persons. On May 13, 2003, a hearing was held where the evidence offered by the parties was made public.170 As of May 20, 2003, there were 18 defendants, 5 of whom were in contempt of court.171 166 Annex 103. Supreme Order No. 266, Sucre 27/10/2011, Second Criminal Chamber. Attachment to the petitioner’s brief of February 14, 2012. 167 Annex 103. Supreme Order No. 266, Sucre 27/10/2011, Second Criminal Chamber. Attachment to the petitioner’s brief of February 14, 2012. 168 Annex 33. La Paz District Superior Court, Report: Cases being prosecuted against Ms. María Nina Lupe del Rosario Andrade SalmónPension Office Case, sent to Dr. Dora Villarroel de Lira, Dean Serving as Acting President of the La Paz Superior Court, signed by Dr. Livia Molina Saravia, Fourth Criminal Trial Court Judge (Liquidador), May 20, 2003. Attachment to the State’s brief of June 4, 2003; Annex 35. Decision No. 097/2002. Final Order in the preliminary criminal proceedings conducted at the request of the Government of La Paz and the Office of the Director General of Pensions, against Adrian Guaglio Chiorino, Guillermo Quiroga Fernández, José Luis Fernández Betancourt, Mónica Gutierrez de Garafulic, Carlos Musset Salazar, Germán Andrés Monroy Chazarreta, Maria Nina Lupe del Rosario Andrade Salmón, Alfredo Levy Pacheco and others, for the crimes of forgery of public documents, document tampering, use of falsified instruments, criminal conspiracy, fraud, mismanagement of public resources, dereliction of duty, influence peddling, cover-up and anticipation or prolongation of functions, the Capital’s Eighth Criminal Examining Court (Liquidador). Attachment to the State’s brief of June 14, 2004. 169 Annex 33. La Paz District Superior Court, Report: Cases being prosecuted against Ms. María Nina Lupe del Rosario Andrade SalmónPension Office Case, sent to Dr. Dora Villarroel de Lira, Dean Serving as Acting President of the La Paz Superior Court, signed by Dr. Livia Molina Saravia, Fourth Criminal Trial Court Judge (Liquidador), May 20, 2003. Attachment to the State’s brief of June 4, 2003. 170 Annex 33. La Paz District Superior Court, Report: Cases being prosecuted against Ms. María Nina Lupe del Rosario Andrade SalmónPension Office Case, sent to Dr. Dora Villarroel de Lira, Dean Serving as Acting President of the La Paz Superior Court, signed by Dr. Livia Molina Saravia, Fourth Criminal Trial Court Judge (Liquidador), May 20, 2003. Attachment to the State’s brief of June 4, 2003. 171 Annex 33. La Paz District Superior Court, Report: Cases being prosecuted against Ms. María Nina Lupe del Rosario Andrade SalmónPension Office Case, sent to Dr. Dora Villarroel de Lira, Dean Serving as Acting President of the La Paz Superior Court, signed by Dr. Livia Molina Saravia, Fourth Criminal Trial Court Judge (Liquidador), May 20, 2003. Attachment to the State’s brief of June 4, 2003.